Burden Pallet Co. v. Ryder Truck Rental, Inc.
Court of Appeals of North Carolina
1Opinion of the Court
CLARK, Judge.
The defendant’s motion for directed verdict was made orally but the record on appeal does not disclose the specific grounds therefor. G.S. 1A-1, Rule 50(a). The better practice is to set forth the specific grounds in a written motion. “If the movant relies upon an oral statement for such specific grounds, a transcript thereof must be incorporated in the case on appeal.” Hensley v. Ramsey, 283 N.C. 714, 726, 199 S.E. 2d 1, 8 (1973). Such transcript does not appear in the record on appeal. However, the parties concede in their briefs that the only ground stated by defendant, and…
2Cases cited5 opinions
- Hensley v. RamseySupreme Court of North Carolina · 1973
- W. B. Coppersmith & Sons, Inc. v. Ætna InsuranceSupreme Court of North Carolina · 1942
- Executive Leasing Associates, Inc. v. RowlandCourt of Appeals of North Carolina · 1976
- State Ex Rel. Oliver v. United States Fidelity & Guaranty Co.Supreme Court of North Carolina · 1918
- Fidelity & Casualty Co. of New York v. Charles W. Angle, Inc.Supreme Court of North Carolina · 1956
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- Demeritt v. SpringsteedCourt of Appeals of North Carolina · 2010
- Campbell v. ConnorCourt of Appeals of North Carolina · 1985
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